Dimora attorney continues push for release hearing

AKRON -- It's been exactly one month since Jimmy Dimora's attorneys filed to have Dimora released from federal custody pending his July 25 sentencing and Oct. 17 second trial.

Just after noon Friday, his attorney William Whitaker asked U.S. District Judge Sara Lioi to allow him to reply to the government's latest filing that Dimora stay behind bars and not even be granted a hearing on his possible release.

Lioi has yet to rule on whether or not she will even grant a hearing or rule on his request to be released without a hearing.

Lioi has ruled that none of the FBI wiretaps heard during the trial will be released but has yet to rule on the media's requests to release any of the other evidence.

Jimmy Dimora, 56, of Independence, was immediately taken into custody March 9 after being convicted on 33 of 34 charges against him. He is being held in the Northeast Ohio Correctional Center in Youngstown, along with co-defendant Michael Gabor.

Gabor, 52, of Parma, was convicted on 7 of 8 charges March 9 and was also taken immediately into federal custody and is to be sentenced July 25.

Attorneys for both men have filed for acquittal and new trials.

Whitaker has offered multiple reasons for Dimora to be released, citing his ties to the community, his family, an offer to have him electronically monitored and the fact that Dimora's "medical evidence" would keep him from fleeing.

The government disputes the existence of Dimora's medical issues, saying any supposed medical issues have never impacted in any way his ability to travel daily for 10 weeks to court in Akron, show up for all hearings and other meetings with his attorneys.

Lioi allowed Whitaker to expand and explain Dimora's medical issues by filing his response under seal, meaning there is no public access to the information.

U.S. Attorneys dispute the fact that, other than being overweight, consuming large amounts of alcohol and eating high-calorie foods, "none of the factors cited by defendant Dimora warrants a hearing. Defendant Dimora has failed to establish a need for this court to hold a hearing on his medical issues."

"Defendant Dimora did not identify any new medical condition that was not disclosed in the initial pretrial services report in September 2010."

"...most of the medical records provided date from 2003 to 2005. Clearly, none of those medical conditions prevented him from traveling to New Orleans with Kevin Kelley and others in 2003, taking a myriad of gambling trips to Detroit, Windsor, Niagara Falls, West Virginia, and Pennsylvania from 2003 through 2008, and attending the Las Vegas trip in April 2008. The most recent medical records are nearly two years old and reflect common, treatable conditions."

In Friday's filing, Whitaker said he wanted to specifically respond to two statements the government made.

He said the government "...continues to misstate the import of Mr. Dimora's medical evidence. The evidence was provided to demonstrate that a life fleeing authorities would be greatly impaired by his conditions, not that it is made impossible by the conditions."

"...The Government has pointed to several individuals who have fled while on electronic monitoring. Mr. Dimora would like to provide the Court with information that easily distinguishes these individuals, including ties to the community and as it relates to one individual, citizenship in another country."